Critics are questioning the legality of the Pierce County Council’s decision to eliminate funding for the Superior Court seat held by Judge Michael Hecht.

The Prosecuting Attorney’s Office has issued an opinion stating the council didn’t have the authority to make the move. And the head of the local bar association called the decision hasty and perhaps illegal.

To which one council member responds: So sue us.

The rancor has reached the ears of Gov. Chris Gregoire, who is waiting to see if the seat will be funded for 2010 before launching a three-month process to appoint a replacement.

Gregoire’s senior counsel, Marty Loesch, said Tuesday that officials in the Governor’s Office have been talking to Pierce County Prosecuting Attorney Mark Lindquist, Superior Court Presiding Judge Bryan Chushcoff and state court administrators about the imbroglio and are monitoring the situation closely.

“At this point, we’re just standing by,” Loesch said. “The courts are very concerned. We understand the budgetary challenges of local governments right now, but we don’t want counties all over the state to start de-funding judge positions.”

The council unanimously voted Nov. 3 to eliminate funding for Hecht’s seat on Superior Court. The move came a day after Hecht resigned following his conviction on charges of felony harassment and paying a man for sex.

The council stipulated that the $19,000 Hecht was due for the remainder of 2009 will be used to pay pro-tem judges to hear cases. The council has not included money for Hecht’s seat in its 2010 budget, which was scheduled to be approved late Tuesday.

Council members say the move gives them wiggle room at a time when they’re trying to balance the county budget.

“Like everybody else, we’re trying to find maximum flexibility for the budget,” said Council Chairman Roger Bush, R-Graham.

But some have found fault with the council’s action.

In an opinion issued Nov. 4, Doug Vanscoy, chief civil deputy in the Prosecuting Attorney’s Office, claims that because Hecht’s seat was created by the Legislature, only state lawmakers have the power to eliminate it. And he maintains that the vehicle the council used – an amendment to the 2009 budget – was not the proper means to eliminate the seat.

David Snell, president of the Tacoma/Pierce County Bar Association, also questioned the legality of the move in a Nov. 5 letter to the council. He expressed his “dismay and disapproval” of the council’s “hasty decision” to eliminate funding for Hecht’s seat, saying it will worsen a backlog of criminal and civil cases.

County Executive Pat McCarthy issued a statement saying her office is researching whether the move can save the county money while allowing the court to address a backlog of felony cases.

But she said the council’s use of an emergency ordinance to skip public notice of its decision was curious, “since there was adequate time to engage the community about an important issue affecting the people’s access to courts.”

Council members dismissed the criticisms.

County Councilman Dick Muri, R-Steilacoom, said Vanscoy’s opinion relies on technical arguments but not on common sense. He said the council’s budget authority gives it the power to eliminate funding for the post.

“At some point, you either control the budget or you don’t control the budget,” Muri said.

As to the legality of the council’s action, Muri said: “Sue us and it will be decided in a court of law.”

Chairman Bush was less blunt. “Lawyers are created to disagree,” he said.

The council’s move will reduce the number of judges from 22 to 21. But council members say Superior Court actually will see an increase in manpower.

Though Hecht has been paid, he’s been on leave and hasn’t been hearing cases. Now the court can use his salary to hire pro-tem judges, Muri said.

And next year the state will pay for a new Superior Court commissioner in Pierce County. Though not a judge, the commissioner can handle arraignments currently done by judges. That will free up a Superior Court judge next year, Muri said.

On Monday the council also voted to restore $80,000 to Superior Court that McCarthy had proposed to eliminate. Though the money won’t restore Hecht’s seat, Bush said the judges can use it as they see fit.

“We have given them more dollars, more bodies to do the job with,” Bush said.

Council members say they’ll consider restoring funding for Hecht’s job next year if the county’s budget outlook improves.

David Wickert: 253-274-7341

david.wickert@thenewstribune.com

blog.thenewstribune.com/politics

Staff writer Adam Lynn contributed to this report.